National Law Marine Surveyors Accreditation Guidance Manual 2014

National Law - Marine Surveyors Accreditation Guidance Manual 2014 Publisher Document Part 2 – Survey of vessels Available Marine Safety (Periodic survey, equipment certification and compass adjustment) Exemption 2018 (Exemption 06) Marine Safety (Temporary operations) Exemption 2018 (Exemption 07) Marine Safety (Emergency services vessels) Exemption 2018 (Exemption 24) Marine Safety (Class C restricted operations) Exemption 2018 (Exemption 40) Marine Safety (Unpowered barges) Exemption 2018 (Exemption 41) Navigation Act 2012 (Navigation Act) Australian Maritime Safety Authority National Standard for Commercial Vessels (NSCV) Part B – General requirements (NSCV Part B) Part C1 – Arrangement, accommodation and personal safety (NSCV Part C1) Part C3 – Construction (NSCV Part C3) Part C4 – Fire safety (NSCV Part C4) Part C5 – Engineering (NSCV Part C5) Part C5A – Machinery (NSCV Part C5A) Part C5B – Electrical (NSCV Part C5B) Part C6 – Stability (NSCV Part C6) Part C7 – Equipment (NSCV Part C7) Part F2 – Leisure craft (NSCV Part F2) AMSA website at https://www.amsa.gov.au International Maritime Organization International Convention for the Prevention of Pollution from Ships as implemented in Australia through the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 IMO website at http://www.imo.org National Marine Safety Committee Uniform Shipping Law Code AMSA website at https://www.amsa.gov.au Australian and New Zealand Standards AS 1799.1-2009/Amdt 3-2014 Small craft-General requirements for power boats (AS 1799.1) AS/NZS 3000:2007/Amdts 1 & 2 Electrical installations (known as the Australian/New Zealand Wiring Rules) (AS/NZS 3000) AS/NZS 3004.2:2014 Electrical installations Marinas and boats - Boat installations (AS/NZS 3004.2) SAI Global website at http://www.saiglobal.org International Standards Organisation ISO 6185-1:2001 Inflatable boats, Part 1: Boats with a maximum motor rating of 4,5 kW (ISO 6185-1) ISO 6185-2:2001 Inflatable boats, Part 2: Boats with a maximum motor rating of 4,5 kW to 15 kW inclusive (ISO 6185-2) ISO website at http://www.iso.org 5

National Law - Marine Surveyors Accreditation Guidance Manual 2014 6 Part 2 – Survey of vessels Publisher Document Available International Standards Organisation ISO 6185-3:2014 Inflatable boats, Part 3: Boats ISO website at with a hull length less than 8 m with a motor rating http://www.iso.org of 15 kW and greater (ISO 6185-3) ISO 6185-4:2011 Inflatable boats – Part 4: Boats with a hull length of between 8 and 24 m with a motor power rating of 15 kW or greater (ISO 6185-4) ISO 9001:2015 Quality management systems — requirements (ISO 9001) ISO 12215-1:2000 Small craft - Hull construction and scantlings - Part 1: Materials: Thermosetting resins, glass-fibre reinforcement, reference laminate (ISO 12215-1) ISO 12215-2:2002 Small craft - Hull construction and scantlings - Part 2: Materials: Core materials for sandwich construction, embedded materials (ISO 12215-2) ISO 12215-3:2002 Small craft - Hull construction and scantlings - Part 3: Materials: Steel, aluminium alloys, wood, other materials (ISO 12215-3) ISO 12215-4:2002 Small craft - Hull construction and scantlings - Part 4: Workshop and manufacturing (ISO 12215-4) ISO 12215-5:2008/incl Amdt 1:2014 Small craft - Hull construction and scantlings - Part 5: Design pressures for monohulls, design stresses, scantlings determination - Amendment 1 (ISO 12215-5) ISO 12215-6:2008 Small craft - Hull construction and scantlings - Part 6: Structural arrangements and details (ISO 12215-6) ISO/DIS 12215-7 Small craft - Hull construction and scantlings - Part 7: Scantling determination of multihulls (ISO 12215-7) ISO 12215-8:2009/ incl Cor 1:2010 Small craft Hull construction and scantlings - Part 8: Rudders - Technical Corrigendum 1 (ISO 12215-8) ISO 12215-9:2012 Small craft - Hull construction and scantlings - Part 9: Sailing craft appendages (ISO 12215-9) European Parliament And The Council Of The European Union Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC EUR-LEX website at http://eur-lex.europa. eu/legal-content/ EN/ TXT/?qid 14289 28761545&uri CELEX: 32013L0053

National Law - Marine Surveyors Accreditation Guidance Manual 2014 1.7 Part 2 – Survey of vessels Definitions (1) In this Part of the manual: ABYC means American Boat and Yacht Council. Accredited Marine Surveyor means a surveyor who is accredited in accordance with Part 3 of the National Law Regulation. AIS means automatic identification system. applicable exemption means an exemption from a requirement of the National Law. applicable legislation means that part of the legislation that expressly deals with the issue of a Certificate of Survey or a Load Line Certificate. applicable standard means a standard that is either expressly called up in applicable legislation or an applicable exemption. AS/NZS means Australian and New Zealand standard. builder means the person or entity responsible for the construction or manufacture of a vessel. categories of surveying means the categories of accreditation mentioned in section 21 of the National Law Regulation. certificate of classification means a document attesting that a vessel has been surveyed by a Recognised Organisation in accordance with the Recognised Organisation’s class rules. Certificate of Survey means a certificate issued under section 38 of the National Law. equipment means appliances for saving or protecting life (safety equipment), communications equipment, navigation equipment, fire equipment and anchoring systems. Note Examples include lifejackets, life rafts, buoyant appliances, lifebuoys, first aid or medical equipment, emergency beacons, distress signals, compass, radio etc. equivalent means of compliance (EMOC) means a method of complying with the applicable standards that has been approved by the National Regulator in accordance with division 4 of Marine Order 503. existing vessel has the same meaning as in Marine Order 503. generic equivalent solution (GES) means an EMOC that has been made on the initiative of the National Regulator and applies to all, or a class of, vessels rather than to an individual vessel. GPS means global positioning system. in water periodic survey means a periodic survey conducted while the vessel is afloat. initial survey means the process by which a vessel is surveyed against the requirements of the applicable legislation, exemptions and standards for the first time. Load Line Certificate means a certificate issued in accordance with Marine Order 507. Load Lines Convention means the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia from time to time. LPG means liquefied petroleum gas. manual means the National Law – Marine Surveyors Accreditation Guidance Manual 2014 as amended from time to time. MARPOL means International Convention for the Prevention of Pollution from Ships as implemented in Australia through the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. MARS means the National Regulator’s MARitime Safety system. 7

National Law - Marine Surveyors Accreditation Guidance Manual 2014 Part 2 – Survey of vessels notified body means a conformity assessment body that meets the requirements of Article 30 of the RCD. out of water periodic survey means a periodic survey conducted while the vessel is out of the water. periodic survey means a recurring survey by which an existing surveyed domestic commercial vessel is surveyed to determine if the vessel continues to meet the requirements of the applicable legislation, exemptions and standards. RCD means the Recreational Craft Directive issued by the European Parliament and the Council of the European Union, as in force from time to time. renewal survey means surveys undertaken at the end of a survey cycle, while the vessel is out of the water, and while afloat, to determine if the safety systems and safety characteristics of a vessel at that point in time comply with the applicable legislation, exemptions and standards. sister vessel means a vessel with the same structural arrangement and scantlings as a vessel previously surveyed in accordance with the National Law and which is designated as a sister vessel in accordance with clause 3.9.5. survey means those activities, including design appraisals, examinations, tests, trials and verifications of a vessel, its components and equipment, conducted by a surveyor in accordance with applicable standards, exemptions and legislation, and this manual, to detect, assess, rectify and communicate compliance. Survey Mobility Rules means the Survey Mobility Rules, published by AMSA. Note At the date of publication of this Part 2 of the manual, the Survey Mobility Rules were under development. They will be published once completed. surveyor means a person authorised to undertake surveys on domestic commercial vessels in accordance with the applicable legislation or applicable exemption. Examples of persons authorised to conduct surveys include Accredited Marine Surveyors, Recognised Organisations and the National Regulator – see Marine Order 503. transitional vessel has the same meaning as in Marine Order 503. unrestricted electrical licence means an electrical licence (however described) issued by a State or Territory that permits a person to perform all electrical work including: (a) installing electrical wiring; and (b) repairing electrical equipment. Note The definition of unrestricted electrical licence is contained in Marine Order 503. USCG means United States Coast Guard. (2) In this Part of the manual, the following terms have the meaning given by the Dictionary in NSCV Part B: 8 Class 1 vessel Class 2 vessel Class 3 vessel Class 4 vessel control station Crew domestic commercial vessel (or DCV) EPIRB fast craft ISO Long master measured length (or Lm) National Regulator NSCV passenger Recognised Organisation regulated Australian vessel sailing vessel service category vessel

National Law - Marine Surveyors Accreditation Guidance Manual 2014 Part 2 – Survey of vessels Chapter 2 Control of the survey process 2.1 Application This chapter applies to all persons undertaking surveys on domestic commercial vessels in accordance with Chapter 3 – Chapter 8 of this Part of the manual. Note 1 Accredited Marine Surveyors, Recognised Organisations, the National Regulator and for some electrical surveys – qualified electricians, may conduct surveys on domestic commercial vessels – see Marine Order 503, Marine Order 507 and Exemption 40. Note 2 This chapter contains general requirements which apply to all surveys undertaken in accordance with this manual. 2.2 General requirements The survey of a domestic commercial vessel must be conducted and documented in accordance with this Part of the manual. Note This chapter applies to all kinds of surveys including initial, periodic, renewal, load line, Exemption 40, and surveys of vessels maintained in class. 2.3 Purpose of surveys To the extent practicable, given the scope and depth of a particular survey, the purpose of conducting a survey is to: (a) confirm that the vessel and its equipment comply with, or continue to comply with, the requirements of the applicable legislation, exemptions and standards; and (b) identify deterioration, wear or damage to the vessel that may interfere with the ability of the vessel and its equipment to comply with (a). 2.4 Competence Persons who survey vessels, or who carry out another function required for the survey of a vessel, its fittings or equipment, must have the appropriate training, knowledge, experience and, where appropriate, qualifications, to competently undertake the particular survey activity. Note Only Accredited Marine Surveyors, Recognised Organisations, the National Regulator and for some electrical surveys – qualified electricians, may conduct surveys on domestic commercial vessels – see Marine Order 503, Marine Order 507 and Exemption 40. 2.5 Retention and transfer of information essential to safety (1) The survey process undertaken by the surveyor must ensure that information essential to safety, which arises during the survey, is recorded for future reference and is transferred to others responsible for the safety of the vessel who might need to rely on and act upon that information. (2) Surveyors must have in place processes to retain essential information, including records of the survey, for the period required by any applicable legislation. Example The National Law Regulation requires records relating to a recommendation made to the National Regulator to be kept for a period of seven years beginning on the day the recommendation is made. 9

National Law - Marine Surveyors Accreditation Guidance Manual 2014 2.6 Part 2 – Survey of vessels Transparency The survey process must be reviewable and auditable by the National Regulator and other parties to facilitate confidence that the objectives of this Part of the manual are being achieved. 2.7 Reliance on third parties (1) Third parties cannot conduct a survey, or part of a survey, on behalf of the surveyor. Note Only Accredited Marine Surveyors, Recognised Organisations, the National Regulator and for some electrical surveys – qualified electricians, may conduct surveys on domestic commercial vessels – see Marine Order 503, Marine Order 507 and Exemption 40. (2) However, third parties may undertake specified activities and inspections that support surveys, including: (a) verification of safety, navigation and communication equipment; (b) electrical and gas certification; (c) material, manufacturer and product certification; and (d) provision of destructive and non-destructive examination (NDE) reports. Example 1 A copy of the life raft certificate obtained during survey can be retained as evidence that the surveyor has confirmed that the life raft has been serviced in accordance with the applicable standards. A surveyor would still be expected to ensure the life raft is on board, is of the correct type and size, is appropriately located, is secured correctly and is in good condition at the time of survey. Example 2 A NDE report obtained during survey can be retained during survey as evidence that the surveyor has verified the thickness of a vessel’s hull. A surveyor would still be expected to inspect the vessel’s hull to confirm the overall condition of the hull and identify any defects or decficiencies. (3) Where third party reports are relied upon, the surveyor must make such enquiries as required to ensure that the results: (a) are reliable; and (b) verify that the subject of the report complies with the required standard. Note The quality of inputs to the survey system can have a significant impact on the quality of outputs from the survey system. 2.8 Reporting obligations and unsafe vessels (1) Section 33 of the National Law Regulation requires Accredited Marine Surveyors to report to the National Regulator where: (a) corrective action is required to the vessel, or a thing on the vessel, due to a defect or non conformity in the vessel or thing; and (b) a matter, or an aspect of a matter, being surveyed is complex or novel, and is not covered by an applicable standard. (2) If, during the conduct of a survey, a surveyor becomes aware of a defect, non-conformity or novel matter relating to the vessel or a thing on the vessel, then the surveyor must report the matter to the National Regulator as soon as practicable. (3) Details of the deficencies or novel matters are to be: (a) notified in writing to the owner of the vessel; (b) provided to the National Regulator; and (c) retained by the surveyor. 10

National Law - Marine Surveyors Accreditation Guidance Manual 2014 Part 2 – Survey of vessels (4) In addition, where, during the course of an initial, periodic or renewal survey, a surveyor identifies aspects of a vessel’s arrangement, construction, machinery or equipment that are unsafe, including items which are not the subject of a specific provision under applicable legislation, exemptions and standards, the surveyor must: (a) advise the owner of the vessel in writing of the problem; and (b) advise the National Regulator of the matter as soon as practicable. Note The National Regulator provides specific contact numbers and emails for these circumstances – see the AMSA website at www.amsa.gov.au. 2.9 Making recommendations 2.9.1 General requirements and forms (1) After completing a survey, the surveyor must make a recommendation to the National Regulator about the vessel’s compliance with the applicable legislation, exemptions and standards. (2) Section 36 of the National Law Regulation requires recommendations to be in writing and in the form specified in this manual. (3) The forms which apply to vessel surveys are specified in Annex 1. (4) The forms specified in Annex 1 must be used by a surveyor where the surveyor does not have a Quality Management System (QMS) that is compliant with ISO 9001:2008 (or an equivalent standard) and they are making a recommendation in paper or scanned format. (5) Where a surveyor has a QMS that is compliant with ISO 9001:2008 (or equivalent), it is recommended that the forms specified in Annex 1 are used where recommendations are made in paper or scanned format. Note Using the preferred form(s) reduces the time taken for the National Regulator to consider the surveyor’s recommendation(s). (6) A surveyor who submits survey reports and recommendations using MARS is not required to use the forms identified in Annex 1. Note Electronic recommendations made directly into AMSA’s online surveyor portal (MARS), with appropriate supporting documentation attached (as specified in clause 2.9.2 below), satisfy the requirement to make a recommendation in writing and in the specified form. 2.9.2 Documentation supporting recommendations (1) Section 36 of the National Law Regulation requires recommendations to be supported by copies of all documents referred to in a recommendation, or supporting a recommendation, including the following: (a) drawings and plans; (b) approvals; and (c) technical evaluations and calculations. (2) Documentation supporting a recommendation must identify: (a) all steps completed during the survey in accordance with the requirements of Chapter 3 – Chapter 8 of this Part, as applicable to the survey; (b) any requirements of Chapter 3 – Chapter 8 that apply to the survey and which were not completed, together with a detailed reason why they were not completed; and 11

National Law - Marine Surveyors Accreditation Guidance Manual 2014 Part 2 – Survey of vessels (c) where a recommendation includes a recommendation to impose a condition(s) – evidence that supports the recommendation to impose the condition(s). (3) All supporting documentation must be provided to the National Regulator with the recommendation. Note Photographs are a good source of evidence and should be maintined by the surveyor and provided to the National Regulator on request. (4) Annex 1 specifies the types of documentation the National Regulator expects to be submitted for different types of surveys. (a) The documentation specified in Annex 1 as

Marine Order 502 (Unique identifiers - national . law) 2017 (Marine Order 502) Marine Order 503 (Certificates of survey - national . law) 2018 (Marine Order 503) Marine Order 507 (Load line certificates - national . law) 2018 (Marine Order 507) Marine safety (Certificates of survey) Exemption . 2018 (Exemption 02) AMSA website at https .